Sullivan v Accident Rehabilitation and Compensation Insurance Corporation
Because the appellant failed to attend the hearing, failed to file the requested written submissions despite multiple reminders, and made no adequate attempt to prosecute the appeal, the Court dismissed the appeal for want of prosecution.
Source-derived case information.
- Citation
- [1996] NZACC 136
- Parties
- Appellant: Kirston Julia Michelle Sullivan; Respondent: Accident Rehabilitation and Compensation Insurance Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 15 November 1996
- Procedural Posture
- Appeal Under Accident Rehabilitation and Compensation Insurance Corporation Act 1992 / Decision on the Papers (appeal Dismissed for Want of Prosecution)
- Outcome
- Appeal dismissed for want of prosecution.
- Legal Topics
- Appeal Procedure, Want of Prosecution, Review Officer Decision, Service and Notice
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kirston Julia Michelle Sullivan
Appellant
Accident Rehabilitation and Compensation Insurance Corporation
Respondent
Procedural Posture
Appeal Under Accident Rehabilitation and Compensation Insurance Corporation Act 1992 / Decision on the Papers (appeal Dismissed for Want of Prosecution)
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution
- 2 Whether the Court may decide the appeal on the papers in the absence of the appellant
Ratio Decidendi
Because the appellant failed to attend the hearing, failed to file the requested written submissions despite multiple reminders, and made no adequate attempt to prosecute the appeal, the Court dismissed the appeal for want of prosecution.
Court Disposition
Appeal dismissed for want of prosecution.
Orders
- Appeal dismissed for want of prosecution.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT WELLINGTON Decision No. 136 /96 UNDER the Accident Rehabilitation and Compensation Insurance Corporation Act 1992 AND IN THE MATTER of an appeal pursuant to s.91 of the Act BETWEEN KIRSTON JULIA MICHELLE SULLIVAN of Oturehua Appellant (Appeal No. DCA 101/95) AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent DECISION OF JUDGE A W MIDDLETON ON THE PAPERS On 4 May 1995 Ms Sullivan gave notice of her intention to lodge an appeal against a decision of a Review Officer which was issued on 7 April 1995. On 12 January 1996 the Registrar advised Ms Sullivan that her appeal would be set down for hearing on Monday 12 February 1996 at 11.00 am. There was no appearance by the appellant or any other person acting on her behalf. On 1 March 1996 the Court issued a Memorandum To Parties, requesting Ms Sullivan to file written submissions in order that a decision could be issued on the papers. Letters were sent to the appellant on 2 August 1996 and 23 August 1996 requesting she comply with His Honour's memorandum of 1 March 1996. 2 Ms Sullivan telephoned this office on 30 August 1996 and indicated she wished to file submissions. Despite three letters being sent to the appellant on 2 September 1996, 26 September 1996 and 10 October 1996, no reply was received. As Ms Sullivan has failed to respond to the Registrar's correspondence or made any attempt to prosecute the appeal, I dismiss this appeal for want of prosecution. DATED at WELLINGTON this 15 day of November 1996 A W Middleton District Court Judge sullivan.doc(sw)